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Home My WebLink AboutCT 02-28; Calso LLC; 2008-0445050; Hold Harmless Agreement/ReleaseDGC# 2008-0445050 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 AUG19, 2008 3:57 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 9388 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-160-27 PROJECT ID: CT 02-28 PROJECT NAME: La Costa Condominiums RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 422-4A) for development to occur on property more particularly described as Lot 185 of La Costa South, Unit No. 1 per Map No. 6117, I/We, Calso, LLC, a California limited liability company, the owners of said property, promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or 1 H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 422-4AJ.doc 9389 occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this (/ OWNER(S) Calso, LLC, a California limited liability company (Sign Here) Kwan L. So, Managing Member (Print Name and Title) Date: By: (Sign Here) (Print Nam«rand Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Aflprney (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) sighing to bind the corporation.) 2H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 422-4A).doc 9390 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT msisasgiaasmmsssismias^^ State of California County of id. On before me, were ' / personally appeared r\{Dfl-0\/Name(s) of Slgner(s) r-vsi i-i who proved to me on the basis of satisfactory evidence to be the person(sfwhose name(s) is/afe^subscribed to the within instrument and acknowledged to me that he/sfcefl&ey'"executed the same in his/hef^lieifauthorized capacrtyp«^and that by his/l3et?0s€^signature/(sfon the instrument the persorji^f; or the entity upon behalf of which the personjsf'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand ^nd official seal. 1L Place Notary Seal Above Signature OPTIONAL - Signature of Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: _, • .. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: . D Individual D Corporate Officer — Title(s): ______ D Partner — D Limited d General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb hers Signer Is Representing:. Signer's Name: D Individual D Corporate Officer —Title(s): ____ D Partner — D Limited D General ED Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here $S^^ O2007Natk>nal Notary Assodatton • 9350 De Soto Ave., P.O. Box 2402 • Omtswoi^ GOVERNMENT CODE 27361 .7 9 Q Q 1 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Ha Nguyen Commission Number: 1515573 Date Commission Expires: September 25. 2008 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: VSI1 (Located on both sides of the notary seal border) Signature: I APO ^~~^X City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: Date #0 y Rec. Form #R10 (Rev.7/96)